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What's New in the Courts

January 12, 2014

U.S.Supreme Court Retains Basic Presumption of Reliance in Securities Cases, But Allows Defendant to Attempt to rebut Presumption at Certification Stage.

Written by Steve Herman
December 28, 2013

U.S. Supreme Court Holds that a Plan May Reasonably Shorten the Limitations Period

Written by Steve Herman
January 13, 2013

U.S. Supreme Court Rejects Equitable Make Whole Doctrine in Defense of Reimbursement Claim according to the Terms of a Self-Funded Plan.

Written by Steve Herman
January 12, 2013

U.S.Supreme Court Rejects Certification Premised on Damage Model Including Impact Theories Not Suitable for Class Certification.

Written by Steve Herman
January 12, 2013

U.S. Supreme Court Confirms that Materiality in Fraud Case is a Common Question which Can and Should be Reserved for the Merits.

Written by Steve Herman
December 3, 2012

Sixth Circuit Holds that Presumption of Prudence Does Not Apply at the Pleading Stage.

Written by Steve Herman
November 2, 2012

Louisiana Supreme Court Applies Article 596 as Written where the Classmember Elects to File His or Her Own Individual Action Prior to a Determination on Class Certification.

Written by Steve Herman
October 25, 2012

U.S. Fifth Circuit Refuses to Revive Claims Against Brand Manufacturer for Injuries from Generic Version of Drug (Reglan).

Written by Steve Herman
August 21, 2012

U.S. District Court for the Northern District of California Discusses Timing and Effect of Litigation Holds in Suit between Technology Industry Giants.

Written by Steve Herman
June 20, 2012

Ninth Circuit Holds that Claim Administrator Must Specifically Identify a Particular Fund to Secure an Equitable Lien.

Written by Steve Herman